LAKSHMY S v. KERALA STATE ELECTRICITY BOARD LIMITED
WP(C)/35441/2023 · 2025-04-01
Harisankar V Menon
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 8073 (KER) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8073 (KER) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:KER:28117 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 35441 OF 2023 PETITIONER:
LAKSHMY S, AGED 47 YEARS, ADVOCATE, D/O. K P SUBRAMANIAN OMKAR, PULPARA LANE, ADAMPALLYKAVU ROAD, TRIPUNITHURA, ERNAKULAM., PIN – 682031.
BY ADVS. K.M.JAMALUDHEEN LATHA PRABHAKARAN RESPONDENT:
KERALA STATE ELECTRICITY BOARD LIMITED VYDHYUTHI BHAVANAM PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY,, PIN – 695004.
BY ADVS.
AJIT JOY ANEESH JAMES(K/214-D/2008) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.35441 of 2023 2 2025:KER:28117
JUDGMENT
The petitioner, a lawyer has filed the captioned writ petition contending that she was engaged as the Standing Counsel for the respondent KSEB in the Lower Courts, Ernakulam and though Ext.P2 bills with respect to various cases she has conducted on behalf of the Board has been presented, peyments the have not been effected. She has also sought for setting aside Ext.P16 communication issued by the Board, seeking appropriate proceedings against her, with reference to her ‘performance’ with reference to a particular litigation.
2. I have hard Sri.K.M.Jamaludheen, the
learned counsel for the petitioner and Sri.Ajit Joy, the learned Standing Counsel for the respondent Board. 3. With respect to the contents of Ext.P16 communication, Sri.Ajit Joy would contend that on the basis of Ext.P17 objections/explanations filed by the petitioner, the proceedings initiated pursuant to Ext.P16 have since been dropped. In the light of the afore, this Court is not
W.P.(C)No.35441 of 2023 3 2025:KER:28117 proceeding to consider the 1st prayer raised in the writ petition. 4. With respect to the larger complaint of the petitioner – non-payment of the invoices submitted at Ext.P2, Sri.Ajit Joy would contend that there is some dispute as regards the entitlement of the petitioner. This Court also notices that the petitioner has submitted Ext.P21 – final statement of the arrears payable to the petitioner as against 333 cases, before the respondent Board. This Court notices that stand raised by the petitioner is essentially for a direction to respondent to honour the bills submitted as above. 5. In such circumstances, it is for the respondent Board to consider the entitlement for the petitioner qua the final invoices at Ext.P21, within a time frame. 6. The learned counsel for the petitioner would rely on the judgment of this Court in James Koshy V.KSRTC [1999 (3) KLT 533]. W.P.(C)No.35441 of 2023 4 2025:KER:28117 In the afore circumstances, this writ petition would stand disposed of directing the respondent herein to consider the claim of the petitioner with specific reference to Ext.P21, as expeditiously as possible, at any rate, within a period of six weeks from today, after hearing the petitioner also, taking into account the principles laid down by this Court in James Koshy (supra) also. Sd/- HARISANKAR V. MENON JUDGE ANA
W.P.(C)No.35441 of 2023 5 2025:KER:28117 APPENDIX OF WP(C) 35441/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE CERTIFICATE OF ENROLLMENT ISSUED IN THE NAME OF THE PETITIONER ISSUED BY THE BAR COUNCIL OF KERALA (ROLL NO.K/1715/1999 DTD. 25.05.2000) Exhibit P2 TRUE COPY OF THE BOARD ORDER NO. B.O.
(FM) NO. 1525/2013 (LB.II/9127/1999) DATED 15.07.2013 Exhibit P3 TRUE COPY OF THE BOARD ORDER NO. B.O.
(FM) NO. 1243/2013 (LDI/GL[REVISING OF ADV. FEE & EXPENSES]) DATED 10.06.2013 Exhibit P4 TRUE COPY OF THE BOARD ORDER NO. B.O.
(DB) NO. 372/2019 (LD.I/ADV.
FEE/REVISION/2018) DATED 07.05.2019 Exhibit P5 TRUE COPY OF THE LIST OF FILES HANDED OVER BY THE RESPONDENT TO THE PETITIONER Exhibit P6 TRUE COPY OF THE INVOICE DATED 3.10.2018 Exhibit P7 TRUE COPIES OF THE BOARD ORDERS SANCTIONING THE PROFESSIONAL CHARGES AND EXPENSES WITH REGARD TO EXHIBIT P6 N0 . LB II/296/2019 DATED 18/3/2019 Exhibit P8 TRUE COPY OF THE LETTER DATED 06.01.2020 ISSUED BY THE PETITIONER TO THE RESPONDENT Exhibit P9 TRUE COPY OF THE LETTER DATED 07.02.2020 ISSUED BY THE PETITIONER TO THE RESPONDENT Exhibit P10 TRUE COPY OF THE RECALL LETTER DATED 17.02.2020
W.P.(C)No.35441 of 2023 6 2025:KER:28117 Exhibit P11 TRUE COPY OF THE LETTER DATED 22.10.2021 ISSUED BY THE PETITIONER TO RESPONDENT Exhibit P12 TRUE COPY OF THE LIST OF FILES HANDED OVER TO THE RESPONDENT Exhibit P13 TRUE COPY OF THE INVOICE RAISED BY THE PETITIONER AT THE TIME OF HANDING OVER OF THE FILES TO THE RESPONDENT Exhibit P14 TRUE COPY OF THE ORDERS OF THE RESPONDENT IN GRANTING THE PROFESSIONAL CHARGES LB.II/1929/2016 DATED 24/1/2022 Exhibit P15 TRUE COPY OF THE LETTER DATED 10.09.2022 ISSUED BY THE PETITIONER TO THE RESPONDENT Exhibit P16 TRUE COPY OF THE LETTER DATED 30.03.2023 ISSUED BY THE LAW OFFICER OF THE RESPONDENT TO THE PETITIONER(NO.LB.11/5071/2014 Exhibit P17 TRUE COPY OF THE REPLY LETTER DATED 10.05.2023 ISSUED BY THE PETITIONER TO THE RESPONDENT Exhibit P18 TRUE COPY OF THE LETTER DATED 04.09.2013 ISSUED TO THE ASSISTANT EXECUTIVE ENGINEER, AROOR NO.TRC/ALP/GB1/CONDUCTING OF CASES/2013- 2014/858) Exhibit P19 COPY OF THE COMMON ORDER IN C.P. 06/2017, 07/17, 08/17, 09/17, 10/17, 11/17, 12/17, 13/17 AND 14/17 02.02.2022, OF LABOUR COURT, ERNAKULAM Exhibit P20 TRUE COPY OF THE BOARD ORDER BEARING NO. PS 1/ CP/ 2017/634 DATED 15/11/2023 RESPONDENT EXHIBITS Exhibit R1A The true copy of the resignation letter
W.P.(C)No.35441 of 2023 7 2025:KER:28117 issued by the petitioner on 22.10.2021. Exhibit R1B The true copy of the letter issued by the Nodal Officer (Litigation), Electrical Circle, Ernakulam dated 01/12/2022. Exhibit R1C The true copy of the letter issued by the Assistant Executive Engineer, Electrical Sub Division, Palarivattom dated 02/12/2022.
Exhibit R1D The true copy of the sanctioning letter issued on 17.03.2017. Exhibit R1E The true copy of the payment details made to the petitioner. Exhibit R1F The true copy of the proceedings of the Secretary Administration dated
17.01.2022. PETITIONER EXHIBITS Exhibit P21 TRUE COPY OF THE DRAFT STATEMENT OF ACCOUNTS SHOWING THE ACTUAL EXPENSES DATED NIL